How to submit a powerful ET1 tribunal claim form

Submitting a strong, legally founded ET1 claim form is crucial as it serves as the foundation of your case in a UK employment tribunal. A well-prepared ET1 clearly outlines the legal basis of your claim, relevant facts, and desired outcomes, ensuring your case is taken seriously. It helps avoid delays, clarifies the issues in dispute, and strengthens your position during preliminary hearings and beyond. Incomplete or poorly drafted ET1 forms risk rejection or weakening your case. Legal accuracy and detail demonstrate credibility, increasing the likelihood of a fair assessment and resolution in your favour.

Content

The ET1 form officially notifies the tribunal and your employer about your claim. It includes your personal details, your employer’s information, and the nature of your complaint (e.g., unfair dismissal, discrimination, or unpaid wages). The “Particulars of Claim” section is the most critical part, as it explains why you believe the law has been broken.

What to include in your ET1 Particulars of Claim

The tribunal will base its initial understanding of your claim on what you write in the Particulars of Claim section, so make it clear, concise, and legally grounded. Although you can apply to amend your ET1 later, it would be better to get it right first time.

1. Start with a Summary

Begin by summarising your claim in one or two sentences. For example:

“I am bringing a claim for unfair dismissal under Section 94 of the Employment Rights Act 1996. My employment was terminated on [date], and I believe the dismissal was unfair because [reason].”

2. Provide Relevant Facts

Explain the key events leading up to your claim. Stick to facts and avoid emotional language. For example:

“I started working for [Employer’s Name] on [start date] as a [job title].”
“On [date], I was dismissed without prior warning or a fair disciplinary process.”
“No evidence of misconduct was presented, and I was not given the opportunity to appeal.”

3. Refer to the Law

Identify the specific legal rights that were violated. Use clear references, such as:

“Under Section 98 of the Employment Rights Act 1996, an employer must show a fair reason for dismissal and follow a fair procedure. My employer failed to do this.”
“The Equality Act 2010 prohibits discrimination based on [protected characteristic]. I believe I was discriminated against because [specific reason].”

4. Explain the Impact

Describe how the employer’s actions affected you. This could include financial loss, emotional distress, or career setbacks. For example:

“As a result of my unfair dismissal, I lost my primary source of income and incurred [specific financial losses].”

5. Be Specific About What You Want

State the remedy you are seeking, such as compensation, reinstatement, or re-engagement. For example:

“I am seeking compensation for loss of earnings and damages for breach of contract.”

Key laws to reference in your ET1

When drafting an ET1 claim form, referencing key laws relevant to your claim strengthens its legal foundation. Below are some of the most frequently cited laws, which you can refer to:

Employment Rights Act 1996

The Employment Rights Act 1996 is a UK law that establishes key rights for employees, including protection against unfair dismissal, entitlement to redundancy payments, minimum notice periods, and maternity and parental leave. Read the Employment Rights Act 1996.

Section 94: Protection against unfair dismissal.

Section 98: Defines fair reasons for dismissal and emphasises procedural fairness.

(1) In determining for the purposes of this Part whether the dismissal of an employee is fair or unfair, it is for the employer to show—

(a) the reason (or, if more than one, the principal reason) for the dismissal, and

(b) that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

(2) A reason falls within this subsection if it—

(a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,

(b) relates to the conduct of the employee,

(c) is that the employee was redundant, or

(d) is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

(3) In subsection (2)(a)—

(a) “capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and

(b) “qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.

(4) [Where] the employer has fulfilled the requirements of subsection (1), the determination of the question whether the dismissal is fair or unfair (having regard to the reason shown by the employer)—

(a) depends on whether in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee, and

(b) shall be determined in accordance with equity and the substantial merits of the case.

(6) [Subsection (4)][is] subject to—

(a) sections [98A] to 107 of this Act, and

(b) sections 152, 153 [, 238 and 238A] of the Trade Union and Labour Relations (Consolidation) Act 1992 (dismissal on ground of trade union membership or activities or in connection with industrial action).

Section 86: Covers statutory minimum notice periods.

(1) The notice required to be given by an employer to terminate the contract of employment of a person who has been continuously employed for one month or more—

(a) is not less than one week’s notice if his period of continuous employment is less than two years,

(b) is not less than one week’s notice for each year of continuous employment if his period of continuous employment is two years or more but less than twelve years, and

(c) is not less than twelve weeks’ notice if his period of continuous employment is twelve years or more.

(2) The notice required to be given by an employee who has been continuously employed for one month or more to terminate his contract of employment is not less than one week.

(3) Any provision for shorter notice in any contract of employment with a person who has been continuously employed for one month or more has effect subject to subsections (1) and (2); but this section does not prevent either party from waiving his right to notice on any occasion or from accepting a payment in lieu of notice.

(4) Any contract of employment of a person who has been continuously employed for three months or more which is a contract for a term certain of one month or less shall have effect as if it were for an indefinite period; and, accordingly, subsections (1) and (2) apply to the contract.

(6) This section does not affect any right of either party to a contract of employment to treat the contract as terminable without notice by reason of the conduct of the other party.

Section 44: Protects workers who raise health and safety concerns in the workplace.

(1) An employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that—

(a) having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities,

(b) being a representative of workers on matters of health and safety at work or member of a safety committee—

(i) in accordance with arrangements established under or by virtue of any enactment, or

(ii) by reason of being acknowledged as such by the employer,

the employee performed (or proposed to perform) any functions as such a representative or a member of such a committee,

[(b)the employee took part (or proposed to take part) in consultation with the employer pursuant to the Health and Safety (Consultation with Employees) Regulations 1996 or in an election of representatives of employee safety within the meaning of those Regulations (whether as a candidate or otherwise),]

(c) being an employee at a place where—

(i) there was no such representative or safety committee, or

(ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means,

he brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety,

[(1A) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer done on the ground that—

(a) in circumstances of danger which the worker reasonably believed to be serious and imminent and which he or she could not reasonably have been expected to avert, he or she left (or proposed to leave) or (while the danger persisted) refused to return to his or her place of work or any dangerous part of his or her place of work, or

(b) in circumstances of danger which the worker reasonably believed to be serious and imminent, he or she took (or proposed to take) appropriate steps to protect himself or herself or other persons from the danger.]

(2) For the purposes of subsection [(1A)(b)] whether steps which [a worker] took (or proposed to take) were appropriate is to be judged by reference to all the circumstances including, in particular, his knowledge and the facilities and advice available to him at the time.

(3) [A worker] is not to be regarded as having been subjected to any detriment on the ground specified in subsection [(1A)(b)] if the employer shows that it was (or would have been) so negligent for [the worker] to take the steps which he took (or proposed to take) that a reasonable employer might have treated him as the employer did.

Equality Act 2010

Protects against discrimination based on protected characteristics such as age, disability, gender reassignment, race, religion, sex, and sexual orientation. Read the Equality Act 2010.

Section 13: Direct Discrimination

(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

(2) If the protected characteristic is age, A does not discriminate against B if A can show A’s treatment of B to be a proportionate means of achieving a legitimate aim.

(3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.

(4) If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.

(5) If the protected characteristic is race, less favourable treatment includes segregating B from others.

(6) If the protected characteristic is sex—

(a) less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;

(b) in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy [childbirth or maternity].

Section 19: Indirect Discrimination
(1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s.

(2) For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B’s if—

(a) A applies, or would apply, it to persons with whom B does not share the characteristic,

(b) it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c) it puts, or would put, B at that disadvantage, and

(d) A cannot show it to be a proportionate means of achieving a legitimate aim.

(3) The relevant protected characteristics are—

age;

disability;

gender reassignment;

marriage and civil partnership;

race;

religion or belief;

sex;

sexual orientation.

Working Time Regulations 1998

Includes rights to paid holidays, rest breaks, and maximum weekly working hours. Read the Working Time Regulations 1998.

National Minimum Wage Act 1998

Protects workers’ entitlement to the minimum wage. Read the National Minimum Wage Act 1998.

Section 1: Workers to be paid at least the national minimum wage.

(1) A person who qualifies for the national minimum wage shall be remunerated by his employer in respect of his work in any pay reference period at a rate which is not less than the national minimum wage.

(2) A person qualifies for the national minimum wage if he is an individual who—

(a) is a worker;

(b) is working, or ordinarily works, in the United Kingdom under his contract; and

(c) has ceased to be of compulsory school age.

(3) The national minimum wage shall be such single hourly rate as the Secretary of State may from time to time prescribe.

Employment Relations Act 1999

Covers rights related to trade union membership and collective bargaining. Read the Employment Relations Act 1999.

Section 10: Right to be accompanied at a grievance/disciplinary hearing.

(1) This section applies where a worker—

(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and

(b) reasonably requests to be accompanied at the hearing.

[(2A) Where this section applies, the employer must permit the worker to be accompanied at the hearing by one companion who—

(a) is chosen by the worker; and

(b) is within subsection (3).

(2B) The employer must permit the worker’s companion to—

(a) address the hearing in order to do any or all of the following—

(i) put the worker’s case;

(ii) sum up that case;

(iii) respond on the worker’s behalf to any view expressed at the hearing;

(b) confer with the worker during the hearing.

(2C) Subsection (2B) does not require the employer to permit the worker’s companion to—

(a) answer questions on behalf of the worker;

(b) address the hearing if the worker indicates at it that he does not wish his companion to do so; or

(c) use the powers conferred by that subsection in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.]

(3) A person is within this subsection if he is—

(a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or

(c) another of the employer’s workers.

(4) If—

(a) a worker has a right under this section to be accompanied at a hearing,

(b) his chosen companion will not be available at the time proposed for the hearing by the employer, and

(c) the worker proposes an alternative time which satisfies subsection (5),

the employer must postpone the hearing to the time proposed by the worker.

(5) An alternative time must—

(a) be reasonable, and

(b) fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer.

(6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer’s workers in accordance with a request under subsection (1)(b).

Trade Union and Labour Relations (Consolidation) Act 1992

Includes protections for employees dismissed due to union-related activities or collective redundancies. Read the Trade Union and Labour Relations (Consolidation) Act 1992.

Health and Safety at Work etc. Act 1974

Protects workers who raise concerns about health and safety in the workplace. Read the Health and Safety at Work etc. Act 1974.

What not to include in your ET1

The purpose of your ET1 is to outline your claim and provide the key facts, not to argue your case. You do not need to include lots of detail or provide evidence, as this will come later. You simply need to provide enough information so both the tribunal and your employer can understand the basis of your claim. Quotes may be necessary if they show discrimination or harrassment, but most of the time don’t need to be included in the ET1. You will get the opportunity to write a witness statement and refer to the evidence within your bundle later. Example:

✅ “I suggested mediation as a way to solve the grievance.”

❌ “I suggested mediation as a way to solve the grievance, as per the audio tape 37:02 where I said ‘I think mediation could help my manager understand my circumstances better and realise why my request was reasonable‘. This shows that I was trying to engage with my employer.”

Top tips for ET1 success

Be clear and logical: Use bullet points or numbered lists to make your points easy to follow. Using a historical order of events is usually a good way to present what happened. Alternatively, breaking down a disciplinary or grievance outcome letter can show how the employer broke the law.
Use professional language: Avoid emotional or accusatory statements. Focus on facts and the law. Whilst you should state the detriment the action(s) has caused you, now is not the time to focus on feelings.
Check for accuracy: Double-check dates, names, and details to avoid errors. If you are unsure about dates, write “on or around [date]”. It’s important to only include factual statements which can be proved and avoid hearsay (second-hand) evidence.
Mention evidence: Whilst you do not need to provide any evidence at this stage, mentioning any documents that support your claim, such as emails, contracts, or photographs can be powerful. For example: “I received an email from [manager’s name] dated [date], which confirms he was aware of [protected disclosure]”
Review examples: Read our ET1 template with examples to see how successful claims are structured.